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P.L. 110-343, The Emergency Economic Stabilization Act of 2008

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Comparing revision saved on March 7, 2008, 20:11:02 (webmaster), with revision saved on October 6, 2008, 20:08:26 (webmaster):

H.R. 1424 would amend section 712 of the Employee Retirement Income Security Act of 1974, section 2705 of the Public Health Service Act, and section 9812 of the Internal Revenue Code of 1986 to require equity in the provision of mental health and substance-related disorder benefits under group health plans.

== Detailed Summary ==

<summary>
Paul Wellstone Mental Health and Addiction Equity Act of 2007 - Amends<b>(This measure has not been amended since it was passed by the Employee Retirement Income Security ActSenate on October 1, 2008. The summary of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require group health plans to apply the same treatment limits on mental health or substance-related disorder benefits as they do for medical and surgical benefits (parity requirement). Extends such parity requirement to inpatient and outpatient services, whether in-network or out-of-network, and to emergency care services. that version is repeated here.)</b>

Defines &quot;treatment limit&quot; under a group health plan as a limitation on the number<b>Division A: Emergency Economic Stabilization </b>- Emergency Economic Stabilization Act of visits or days of coverage, or other similar limit on2008 - <b>Title I: Troubled Assets Relief Program</b> - (Sec. 101) Authorizes the duration or scopeSecretary of treatment. the Treasury (Secretary) to establish the Troubled Asset Relief Program (TARP) to purchase troubled assets from any financial institution, in accordance with terms, conditions, policies and procedures the Secretary develops.

Requires group health plans to applyDirects the same beneficiary financial requirementsSecretary to mental health or substance-related disorder benefits as they apply for medical and surgical benefits, including limits on deductibles, co-payments, and out-of-pocket expenses. Prohibits group health plans from establishing cost-sharing requirements that are specific to mental health benefits. establish within the Office of Domestic Finance of the Department of the Treasury an Office of Financial Stability, through which TARP shall be implemented.

RevisesDirects the definitionSecretary to prevent unjust enrichment of &quot;mental health benefits&quot;participating financial institutions, including any sale of a troubled asset (with certain exceptions) to include substance-related disorder benefits. the Secretary at a price higher than what the seller paid to purchase the asset.

Requires plan administrators to make(Sec. 102) Requires the criteria for medical necessity determinations with respectSecretary, if TARP is established, to mental health and substance-related disorder benefits availableestablish also a program to plan participants, beneficiaries,guarantee troubled assets originated or providers upon request.issued before March 14, 2008, including mortgage-backed securities.

Sets forthEstablishes the minimum scopeTroubled Assets Insurance Financing Fund for deposit of mental health and substance-related disorder benefits under a group health plan. Requirespremiums collected from participating financial institutions in order to fund such plans offering out-of-network coverage to apply the same coverage offered for medical and surgical services to mental health and substance-related benefits. guarantee program.

Allows group health plans an increased exemption of 2% of(Sec. 104) Establishes the actual costs of coverage of mental healthFinancial Stability Oversight Board to review and substance-related disorder benefits inreport to Congress on the first plan year after initiation or 1%authorities created under this Act and their effect in each subsequent year. Revises the similar exemption for small employers.assisting American families in preserving home ownership, stabilizing financial markets, and protecting taxpayers.

Makes(Sec. 105) Requires the amendments made by this Act applicableSecretary to plan years beginning on or after January 1, 2008, andreport periodically to group health plans under a collective bargaining agreement atCongress regarding: (1) transactions; (2) purchases; (3) liabilities; and (4) the expirationstatus of such agreement or by January 1, 2010. regulatory oversight over financial markets.

Requires(Sec. 106) Authorizes the Secretary to enter into financial transactions regarding any troubled asset purchased under this Act. Requires deposit into the Treasury of all revenues and proceeds from the sale of troubled assets.

(Sec. 109) Directs the Secretary, to the extent that he or she acquires mortgages, mortgage backed securities, and other assets secured by residential real estate, and the Federal Housing Finance Agency, as conservator of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), to implement a plan to maximize assistance for homeowners and encourage the servicers of the underlying mortgages to take advantage of the HOPE for Homeowners Program under the National Housing Act or other available programs to minimize foreclosures. Authorizes the Secretary to use loan guarantees and credit enhancements to facilitate loan modifications to prevent avoidable foreclosures.

(Sec. 111) Prescribes program guidelines for: (1) executive compensation and corporate governance; (2) market transparency; (3) a graduated authorization for the Secretary to purchase troubled assets; and (4) oversight and audits of the program by the Comptroller General.

(Sec. 113) Prescribes requirements for purchase and sale of assets by the Secretary, using market mechanisms, in a manner that will minimize any potential long-term negative impact on the taxpayer.

(Sec. 116) Directs
the Comptroller General to: (1) evaluateperform ongoing oversight of TARP activities and performance and its agents and representatives, including vehicles established by the effectSecretary under this Act; and (2) study and report to Congress on the extent to which leverage and sudden deleveraging of financial institutions was a factor behind the implementationcurrent financial crisis.

(Sec. 119) Subjects the actions
of the Secretary under this Act to judicial review, with specified limitations.

(Sec. 120 Terminates the authorities under sections 101 and 102, with a certain exception,
on December 31, 2009. Authorizes a two-year extension of such authorities if the costSecretary submits a specified certification to Congress.

(Sec. 121) Establishes the Office
of healththe Special Inspector General for TARP.

(Sec. 122) Increases the statutory limit on the public debt to $11.315 trillion.

(Sec. 124) Amends the National Housing Act, with respect to extinguishment of subordinate liens for refinanced mortgages, to authorize the Secretary to make payments, which shall be accepted as payment in full of all indebtedness to any holder of an existing subordinate mortgage in lieu of certain future appreciation payments.

(Sec. 125) Establishes the Congressional Oversight Panel to review and report to Congress on the status of the financial markets and regulatory system.

(Sec. 126) Amends the Federal Deposit Insurance Act to prohibit false advertising, misuse of Federal Deposit Insurance Corporation (FDIC) names, and misrepresentation of insured status.

(Sec. 127) Requires the federal financial regulatory agencies to cooperate with the Federal Bureau of Investigation (FBI) and other law enforcement agencies investigating fraud, misrepresentation, and malfeasance regarding development, advertising, and sale of financial products.

(Sec. 128) Amends the Financial Services Regulatory Relief Act of 2006 to accelerate from October 1, 2011, to October 1, 2008, the effective date for the Board of Governors of the Federal Reserve (Board) to: (1) pay interest on balances maintained at a Federal Reserve bank; and (2) employ increased flexibility to set reserve requirements for member banks.

(Sec. 129) Instructs the Board to submit periodic updates to certain congressional committees regarding its exercise of loan authority.

(Sec. 131) Directs the Secretary to reimburse the Exchange Stabilization Fund for any funds that are used for the Treasury Money Market Funds Guaranty Program for the U.S. money market mutual fund industry.

Prohibits the Secretary from using the Exchange Stabilization Fund to establish any future guaranty programs for the U.S. Money market mutual fund industry.

(Sec. 132) Authorizes the Securities and Exchange Commission (SEC) to suspend application of Statement Number 157 (about mark-to-market accounting) of the Financial Accounting Standards Board.

(Sec. 133) Directs the SEC to study and report to Congress on Statement Number 157.

(Sec. 136) Increases from $100,000 to $250,000, until December 31, 2009, the amount of deposit and share
insurance coverage offered under the Federal Deposit Insurance Act and related matters;the Federal Credit Union Act.

<b>Title II: Budget-Related Provisions</b> - (Sec. 201) Requires all information used by the Secretary in connection with activities authorized under this Act (including the records to which the Comptroller General is entitled) to be made available, upon request, to the Congressional Budget Office (CBO) and the Joint Committee on Taxation to assist congressional committees with conducting oversight, monitoring, and analysis of such authorized activities.

(Sec. 202) Requires the Office of Management and Budget (OMB) to report to the President and Congress semiannually: (1) an estimate of the cost of troubled assets and their guarantees;
(2) submit biannual reportsthe information used to derive such estimate; and (3) a detailed analysis of how the estimate has changed from the previous report.

Requires the second and each ensuing report to explain the differences between CBO's required estimate and prior OMB estimates.

Requires CBO to assess and report
to Congress on obstacles facedOMB's report, including: (1) the cost of the troubled assets and their guarantees; (2) the information and valuation methods used to calculate such cost, and (3) the impact on the deficit and the debt.

Authorizes appropriations.

(Sec. 203) Requires the President's annual budget request to Congress to include as supplementary materials a separate analysis of the budgetary effects for all prior fiscal years, the current fiscal year, the fiscal year for which the budget is submitted, and ensuing fiscal years of the Secretary's actions taken or to be taken using any authority provided in this Act.

(Sec. 204) Designates all provisions of this Act as an emergency requirement necessary to meet emergency needs. Prohibits rescissions of any amounts provided in it from being counted for budget enforcement purposes.

<b>Title III: Tax Provisions </b>- (Sec. 301) Provides for ordinary income or loss treatment of gain or loss from the sale or exchange of any applicable preferred stock
by any applicable financial institution. Defines &quot;applicable preferred stock&quot; as preferred stock in Fannie Mae or Freddie Mac that was held on September 6, 2008, or that was sold or exchanged on or after January 1, 2008, and before September 7, 2008. Defines &quot;applicable financial institution&quot; as a banking, financial, or investment institution or a depository institution holding company. Allows the Secretary of the Treasury to apply ordinary gain or loss treatment to certain sales of preferred stock not held on September 6, 2008. Authorizes the Secretary to prescribe regulations to carry out this section.

(Sec. 302) Denies certain employers whose assets have been purchased under the Troubled Asset Relief Program (TARP) a tax deduction for the payment of compensation or other benefits in excess of $500,000 to their executives or other highly compensated employees. Makes tax penalties for excess parachute payments applicable to employers who participate in TARP and their executives.

(Sec. 303) Extends through 2012 the exclusion from gross income of income attributable to a discharge of indebtedness on a principal residence.

<b>Division B: Energy Improvement and Extension Act of 2008 </b>- Energy Improvement and Extension Act of 2008<b> - Title I: Energy Production Incentives - Subtitle A: Renewable Energy Incentives - </b>(Sec. 101) Extends through 2009 the tax credit for producing electricity from wind and refined coal facilities. Extends through 2010 such tax credit for other facilities, including closed and open-loop biomass, solar energy, small irrigation power, landfill gas, trash combustion, and hydropower. Modifies rules for and definitions of refined coal, trash and biomass facilities, and hydropower production.

(Sec. 102) Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of the tax credit for producing electricity from renewable resources.

(Sec. 103) Extends through 2016 the energy tax credit for solar energy, fuel cell, and microturbine property. Allows a new energy tax credit for combined heat and power system property. Increases to $1,500 the credit limitation for fuel cell property. Modifies energy tax credit rules to allow: (1) offsets of tax credit amounts against alternative minimum tax (AMT) liabilities; and (2) public utility property to qualify for such credit.

(Sec. 104) Allows a new energy tax credit for 30% of expenditures for wind turbines used to generate electricity in a residence and for geothermal heat pump systems.

(Sec. 106) Extends through 2016 the tax credit for residential energy efficient property. Eliminates the limitation on the tax credit for solar electric property. Allows a residential energy tax credit for 30% of small wind energy and geothermal heat pump property expenditures.

(Sec. 107) Allows a new tax credit for investment in new clean renewable energy bonds for capital investment in renewable energy facilities.

Extends through 2009 the authority to issue clean renewable energy bonds.

(Sec. 108) Includes steel industry fuel as a renewable resource for purposes of the tax credit for producing electricity from renewable resources. Defines &quot;steel industry fuel&quot; as fuel that: (1) is produced by liquefying coal waste sludge and distributing it on coal; and (2) is used as a feedstock for the manufacture of coke.

(Sec. 109) Extends through 2009 the deferral of tax on the gain on sales of transmission property by vertically-integrated electric utilities to independent transmission companies approved by the Federal Energy Regulatory Commission (FERC).

<b>Subtitle B: Carbon Mitigation and Coal Provisions</b> - (Sec. 111) Allows a 30% investment tax credit rate for advanced coal-based generation technology projects and increases the maximum credit amounts allocable for such projects to $2.55 billion.

Authorizes additional carbon energy projects, including projects for the capture and and sequestration of carbon dioxide.

(Sec. 112) Increases to 30% the investment tax credit rate for coal gasification projects and the aggregate credit amount for such projects.

(Sec. 113) Extends the excise tax on coal until the earlier of January 1, 2019, or the day after the first December 31st after December 31, 2007, on which there is no balance of repayable advances made to the Black Lung Disability Trust Fund and no unpaid interest on such advances. Makes a one-time appropriation to the Trust Fund to pay the difference between the market value of outstanding repayable advances (plus accrued interest) and the proceeds from the obligations issued by such Trust Fund to the Secretary of the Treasury.

(Sec. 114) Sets forth special rules for refund claims of the coal excise tax by certain coal producers and exporters.

(Sec. 115) Allows a new tax credit for carbon dioxide sequestration.

(Sec. 116) Provides for the treatment of certain income and gains from industrial source carbon dioxide as qualifying income for publicly traded partnerships.

(Sec. 117) Directs the Secretary of the Treasury to contract with the National Academy of Sciences for a comprehensive review of Internal Revenue Code provisions that have the largest effects on carbon and other greenhouse gas emissions and an estimate of the magnitude of such effects. Requires the Academy to report to Congress on the results of such study within two years after the enactment of this Act. Authorizes appropriations.

<b>Title II: Transportation and Domestic Fuel Security Provisions</b> - (Sec. 201) Includes cellulosic biofuel within the definition of biomass ethanol plant property for purposes of the bonus depreciation allowance.

(Sec. 202) Increases and extends through 2009 income and excise tax credits for biodiesel and renewable diesel used as fuel.

(Sec. 203) Disqualifies foreign-produced fuel that is used or sold for use outside the United States from the income and excise tax credits for alcohol, biodiesel, and alternative fuel production.

(Sec. 204) Extends through 2009 the excise tax credit for alternative fuel and fuel mixtures. Requires such fuels to include compressed or liquefied biomass gas and to meet certain carbon capture requirements.

(Sec. 205) Allows a new tax credit for new qualified plug-in electric drive motor vehicles. Limits the amount of such credit based upon the gross vehicle weight rating of such vehicles. Terminates such credit after 2014.

(Sec. 206) Allows an exclusion from the heavy truck excise tax for idling reduction devices and advanced insulation used in certain heavy trucks and trailers.

(Sec. 207) Extends through 2010 the tax credit for alternative fuel vehicle refueling property expenditures. Includes electricity as a clean burning fuel for purposes of such credit.

(Sec. 208) Provides for the treatment of certain income and gains from alcohol, biodiesel, and alternative fuels and mixtures as qualifying income for publicly traded partnerships.

(Sec. 209) Extends through 2013 the taxpayer election to expense costs of certain refinery property.

(Sec. 210) Extends the suspension of the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties.

(Sec. 211) Allows employees to exclude reimbursements for bicycle commuting expenses from gross income.

<b>Title III: Energy Conservation And Efficiency Provisions</b> - (Sec. 301) Allows a new tax credit for investment in qualified energy conservation bonds for capital expenditures to reduce energy consumption in public buildings, implement green community programs, develop alternative and renewable energy sources, and promote mass commuting facilities.

(Sec. 302) Extends through 2009 the tax credit for nonbusiness energy property expenditures. Includes energy-efficient biomass fuel stoves as property eligible for such tax credit. Modifies tax credit standards for water heaters, geothermal heat pumps, and energy efficiency improvements.

(Sec. 303) Extends through 2013 the tax deduction for energy efficient commercial buildings.



(Sec. 304) Extends through 2009 the tax credit for residential energy efficiency improvements.

(Sec. 305) Modifies tax credit amounts and standards for energy efficient household appliances produced after 2007.

(Sec. 306) Allows an accelerated 10-year recovery period for the depreciation of qualified smart electric meters and smart electric grid systems.

(Sec. 307) Extends through FY2012 the authority to issue tax-exempt bonds for qualified green building and sustainable design projects.

(Sec. 308) Allows a 50% depreciation allowance for reuse and recycling property used to collect, distribute, or recycle certain materials, including scrap, fibers, and metals.

<b>Title IV: Revenue Provisions</b> - (Sec. 401) Reduces by 3% the tax deduction for income attributable to domestic production activities for taxpayers with income derived from activities related to oil, gas, or any primary products thereof.

(Sec. 402) Revises the tax treatment of foreign oil and gas extraction income and foreign oil related income for purposes of the foreign tax credit.

(Sec. 403) Includes within the reporting requirements of investment brokers the adjusted basis of any publicly traded security owned by customers of such brokers.

(Sec. 404) Extends through 2009 the 0.2% Federal Unemployment Tax Act (FUTA) surtax.

(Sec. 405) Increases the Oil Spill Liability Trust Fund financing rate and extends such rate through 2017.

<b>Division C: Tax Extenders and Alternative Minimum Tax Relief </b>- Tax Extenders and Alternative Minimum Tax Relief Act of 2008 - <b>Title I: Alternative Minimum Tax Relief</b> - (Sec. 101) Amends the Internal Revenue Code to extend through 2008 for individual taxpayers: (1) the offset of nonrefundable personal tax credits against regular and alternative minimum tax (AMT) liability; and (2) the increased AMT exemption amounts.

Increases the AMT refundable credit amount for
individuals who have long-term unused minimum tax credits from prior taxable years. Abates any underpayment of tax attributable to the application of special AMT rules for the treatment of incentive stock options.

<b>Title II: Extension of Individual Tax Provisions</b> - (Sec. 201) Extends through 2009: (1) the tax deduction for state and local sales taxes
in obtaininglieu of state and local income taxes; (2) the tax deduction for qualified tuition and related expenses; (3) the tax deduction for certain expenses of elementary and secondary school teachers; (4) the additional standard tax deduction from gross income for real property taxes; (5) tax-free distributions from individual retirement plans for charitable purposes; (6) the exemption from withholding of tax of interest-related and short-term capital gain dividends received from a regulated investment company (RIC) and the special rule for RIC stock held in the estate of a nonresident non-citizen; and (7) the inclusion of an RIC within the definition of &quot;qualified investment entity&quot; for income tax purposes.

<b>Title III: Extension of Business Tax Provisions - </b>(Sec. 301) Extends through 2009: (1) the tax credit for increasing research activities; (2) the new markets tax credit; (3) the subpart F income exemption for active financing income; (4) special rules for related controlled foreign corporations and for the tax treatment of certain payments to tax-exempt organizations by a controlled subsidiary; (5) accelerated depreciation for qualified leasehold and restaurant improvements and for certain improvements to retail space; (6) the special rule for reductions in the basis of S corporation stock for charitable contributions of property; (7) the increase in alcohol excise taxes payable to Puerto Rico and the Virgin Islands; (8) the economic development credit for American Samoa; (9) tax incentives for mine rescue team training and advanced mine safety equipment; (10) the tax deduction for income attributable to domestic production activities in Puerto Rico; (11) issuance authority for qualified zone academy bonds; (12) the Indian employment tax credit; (13) accelerated depreciation of business property on Indian reservations and of motorsports racing track facilities; (14) the tax credit for railroad track maintenance; (15) expensing allowances for film and television production costs and for environmental remediation costs; (16) work opportunity tax credit eligibility for Hurricane Katrina employees (through August 28, 2009); (17) the increased rehabilitation tax credit for property in the Gulf Opportunity (GO) Zone; (18) the tax deduction for corporate contributions of computer technology and equipment for educational purposes; (19) tax incentives for investment in the District of Columbia; and (20) the expanded tax deductions for charitable contributions of food and book inventories by noncorporate taxpayers.

(Sec. 325) Extends through 2014: (1) the suspension of tariff duties on certain wool products; and (2) the Wool Research, Promotion, and Development Trust Fund.

<b>Title IV: Extension of Tax Administration Provisions - </b>(Sec. 401) Makes permanent the authority of the Internal Revenue Service (IRS) to: (1) conduct undercover operations; and (2) disclose tax return information related to terrorist activities.

<b>Title V: Additional Tax Relief and Other Tax Provisions - Subtitle A: General Provisions </b>- (Sec. 501) Lowers in 2008 (from $10,000 to $8,500) the earned income threshold amount for determining the refundable portion of the child tax credit.

(Sec. 502) Amends Internal Revenue Code provisions relating to the tax deduction for domestic film and television productions to: (1) include within the income base for such deduction compensation for services performed in the United States by actors, production personnel, directors, and producers and any copyrights, trademarks, or other intangibles with respect to a film production; and (2) allow a deduction for partners or S corporation shareholders who own at least a 20% interest in a film project.

(Sec. 503) Exempts from the excise tax on bows and arrows certain shafts consisting of all natural wood that, after assembly, measure 5/16 of an inch or less in diameter and that are not suitable for use with bows that would otherwise be subject to such tax (having a peak draw weight of 30 pounds or more).

(Sec. 504) Allows taxpayers who are plaintiffs in the civil action <i>In re Exxon Valdez</i>, No. 89-095-CV (HRH) (Consolidated) (D. Alaska), or their heirs or dependents, to: (1) elect to average, for income tax purposes, income received in settlement of such civil action; and (2) make a limited contribution of such settlement income to certain tax-exempt retirement plans in the year such income is received.

(Sec. 505) Allows accelerated depreciation (i.e., five-year recovery period) for certain farming business machinery or equipment placed in service before January 1, 2010.

(Sec. 506) Modifies the standards for imposing penalties on tax return preparers for understatements of tax to require: (1) substantial authority for a position with respect to an item on a tax return if such position was not disclosed with the return; and (2) a reasonable basis for a position that was disclosed with the return.

Requires tax return preparers to have a reasonable belief that a position with respect to a tax shelter or a reportable transaction (a transaction having a potential for tax avoidance or evasion) will more likely than not be sustained on its merits.

<b>Subtitle B: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008</b> - (Sec. 511) Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan that provides both medical and surgical benefits and
mental health or substance use disorder benefits to ensure that: (1) the financial requirements, such as deductibles and substance-relatedcopayments, applicable to such mental health or substance use disorder carebenefits are no more restrictive than the predominant financial requirements applied to substantially all medical and surgical benefits covered by the plan; (2) there are no separate cost sharing requirements that are applicable only with respect to mental health or substance use disorder benefits; (3) the treatment limitations applicable to such mental health or substance use disorder benefits are no more restrictive than the predominant treatment limitations applied to substantially all medical and surgical benefits covered by the plan; and (4) there are no separate treatment limitations that are applicable only with respect to mental health or substance use disorder benefits.

Requires the criteria for medical necessity determinations and the reason for any denial of reimbursement or payment for services made
under theirthe plan with respect to mental health plans;or substance use disorder benefits to be made available by the plan administrator.

Requires the plan to provide out-of network coverage for mental health or substance use disorder benefits if the plan provides coverage for medical or surgical benefits provided by out-of network providers.

Exempts from the requirements of this Act a group health plan if the application of this Act results in an increase for the plan year of the actual total costs of coverage with respect to medical
and (3)surgical benefits and mental health and substance use disorder benefits by an amount that exceeds 2% for the first plan year and 1% for each subsequent plan year. Requires determinations as to increases in actual costs under a plan to be made and certified by a qualified and licensed actuary.

Requires determinations for such an exemption to be made after such plan has complied with this Act for the first six months of the plan year.

Sets forth requirements for notifications of exemptions under this Act, including notification of the Secretary of Health and Human Services, the appropriate state agencies, and participants and beneficiaries in the plan.

Authorizes the Secretary and the appropriate state agency to audit the books and records of a group health plan relating to an exemption.

Directs the Secretary to: (1) report to the appropriate congressional committees on compliance of group health plans with the requirements of this Act; and (2) publish guidance and information concerning the requirements of this Act and provide assistance concerning such requirements and the continued operation of applicable state law.

Requires the Comptroller General to
report to Congress on the specific rates, patterns, and trends in coverage and exclusion of specific mental health and substance use disorder diagnoses by health plans and health insurance.

<b>Title VI: Other Provisions</b> - (Sec. 601) Revises the provisions of the Secure Rural Schools and Community Self-Determination Act of 2000.

Provides for: (1) calculating payments to eligible states, counties, and territories for FY2008-FY2011 and; (2) the making of transition payments for FY2008-FY2010 to California, Louisiana, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, and Washington. Sets forth distribution, election, and expenditure rules.

Permits eligible electing counties to expend a portion of funds received for the protection, restoration, and enhancement of fish and wildlife habitat, and other consistent resource objectives upon project approval.

Sets forth requirements for a merchantable timber contracting pilot program.

Revises provisions concerning resource advisory committees and the use and
availability of uniform patient placement criteriaproject funds for mentalprojects submitted by such committees. Terminates authority to initiate projects on September 30, 2011.

Revises provisions for the use of county funds for certain projects. Requires certification by participating counties that county funds have been expended only for authorized uses. Terminates authority to initiate such projects on September 30, 2011.

Authorizes appropriations for FY2008-FY2011 to carry out Secure Rural Schools and Community Self-determination Act of 2000.

Amends the Act of May 23, 1908, and the Weeks Law to prescribe that an amount equal to the annual average of 25% of all amounts received for the applicable fiscal year and each of the preceding six fiscal years from each national forest (under current law, 25% of all moneys received during any fiscal year) be paid at the end of such year to eligible states and counties for the benefit of public schools and public roads in which such forests are situated.

Amends federal law regarding payment in lieu of taxes to provide, for FY2008-FY2012, for each county or other eligible unit of local government to be entitled to payment for entitlement land (certain land owned by the U.S. government).

(Sec. 602) Amends the Surface Mining Control and Reclamation Act of 1977 to require the transfer of $9 million on October 1, 2010, to the United Mine Workers of America Combined Benefit Fund to provide for refunds of certain
health benefit premiums, death benefit premiums, and substance-related disordersunassigned beneficiaries premiums.

<b>Title VII: Disaster Relief - Subtitle A: Heartland and Hurricane Ike Disaster Relief </b>- Heartland Disaster Tax Relief Act of 2008 - (Sec. 702) Makes certain provisions of the Internal Revenue Code providing tax benefits to residents of the Gulf Opportunity (GO) Zone and the Hurricane Katrina disaster areas, including provisions
for guiding determinationstax-exempt bond financing, the low-income housing tax credit, an increased rehabilitation tax credit, education and housing tax benefits, employee retention tax credits, and tax-exempt bond financing, applicable to residents of medical necessity. the Midwestern disaster area on a similar basis. Defines &quot;Midwestern disaster area&quot; as an area in which a major disaster has been declared by the President on or after May 20, 2008, and before August 1, 2008, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of severe storms, tornados, or flooding occurring in any of the states of Arkansas, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, and Wisconsin.

(Sec. 703) Includes within the reporting requirements of tax-exempt public charities information about disaster relief activities and contributions received for those purposes.

(Sec. 704) Extends through 2010 tax-exempt bond financing and low-income housing tax credit benefits to the Hurricane Ike disaster area. Defines the &quot;Hurricane Ike disaster area&quot; as an area in Texas or Louisiana that was declared a major disaster area by the President by reason of Hurricane Ike and that was determined by the President to warrant federal assistance.

<b>Subtitle B: National Disaster Relief</b> - (Sec. 706) Waives the 10% adjusted gross income limitation on personal casualty losses for losses sustained from a federally declared disaster occurring before January 1, 2010. Defines &quot;federally declared disaster&quot; as any disaster determined by the President to warrant federal assistance under the Robert T. Stafford Relief and Emergency Assistance Act.

Increases the standard tax deduction by a taxpayer's net disaster loss (i.e., personal casualty losses in a disaster area over personal casualty gains).

Increases until December 31, 2009, the threshold for deductible casualty losses (from $100 to $500).

(Sec. 707) Allows the expensing of business-related costs incurred due to a federally declared disaster for: (1) the abatement or control of hazardous substances; (2) removal of debris or demolition of damaged structures; or (3) repair of damaged property.

(Sec. 708) Provides for a five-year carryback period for net operating losses attributable to a federally declared disaster. Allows such losses as a deduction in computing alternative minimum taxable income.

(Sec. 709) Modifies certain mortgage revenue bond requirements for principal residences damaged or destroyed in a federally declared disaster occurring before January 1, 2010.

(Sec. 710) Allows accelerated depreciation and increases the expensing allowance for qualified disaster assistance property. Defines &quot;qualified disaster assistance property&quot; to include nonresidential real or residential rental property in a federally declared disaster area.

<b>Title VIII: Spending Reductions and Appropriate Revenue Raisers for New Tax Relief Policy</b> - (Sec. 801) Requires the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of a nonqualified entity when there is no substantial risk of forfeiture of the rights to such compensation. Defines &quot;nonqualified entity&quot; as any foreign corporation unless substantially all of its income is: (1) effectively connected with a trade or business in the United States; or (2) subject to a comprehensive foreign income tax. Includes certain partnerships within such definition.

</summary>

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== Status of the Legislation ==

<status>
Latest Major Action: 3/6/2008: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.10/3/2008: Signed by President.
</status>

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== Points in Favor ==

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== Points Against ==

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. . . Or for those who preferred the “rescue package,” the Members of Congress listed below are a group who saw the light. Or they were strong-armed by their party leadership. Or they horse-traded their support for some benefit to themse...

Switch or Not: How Did Your Representative Vote?

Last bailout post for a while, I swear! Maybe. Of course, people are looking to see how their representatives voted, whether or not they changed their votes last week. So like we did with the House vote Monday, in which the bailout failed, here...

While You Looked the Other Way: $8,000 in Government Spending

The drama of the financial services bailout, coming right at the end of the congressional session and the beginning of the new fiscal year, was very distracting. So distracting that it was easy to miss the partial/temporary spending bill that Congress...

A Bailout Rogues Gallery . . .

. . . Or for those who preferred the "rescue package," the Members of Congress listed below are a group who saw the light. Or they were strong-armed by their party leadership. Or they horse-traded their support for some benefit to themselves or their...

A Bailout Rogues Gallery . . .

. . . Or for those who preferred the "rescue package," the Members of Congress listed below are a group who saw the light. Or they were strong-armed by their party leadership. Or they horse-traded their support for some benefit to themselves or their...

You're Family's $1,000 Bailout Bet on the Stock Market

The plan to bailout the financial services industry has now become a plan to invest in it. The President, Treasury Secretary Henry Paulson, and Fed Chairman Ben Bernanke announced a new plan yesterday, not to buy distressed assets, but to buy shar...

Did Voters Punish Vote-Switchers and Financial-Crisis-Causers?

Voters took a scythe to the Members of Congress who switched their votes to pass the financial services bailout legislation in October and those whose votes in 2000 set the stage for the financial crisis. Except . . . it was a very dull scythe...

Bailout Oversight Totally Lacking

Six weeks since Congress approved the financial services bailout legislation, the administration has committed $290 billion of the $700 billion Congress gave it to work with. Originally intended for purchasing troubled mortgage assets, it ha...

Cost Estimates for This Week’s Bills

Cost estimates for bills on the floor this week have been published and incorporated into our database. H.R. 384, the TARP Reform and Accountability Act of 2009, saves the average U.S. family a little over $80. (Which is nice until you realize that the...

Bailout Update - Your Family’s $3,000 Investment

The Government Accountability Office has a report out on the financial services bailout law and the Troubled Asset Relief Program, or “TARP.” As of January 23, the Treasury Department has disbursed about $293.7 billion, mostly to purchase p...

Sorting Out How They’re Trying to Sort Out the Economy

We’re overdue here to discuss the big announcement this past week about how the government plans to sort out the “toxic assets” that have been preventing new lending and slowing down the economy. Now, first things first: “toxic ...

Bailout Funds - It’s My Turn Now

WashingtonWatch.com has never been profitable. Maybe someday it will be, but there aren’t enough of you yet. And also, it’s not profitable because of the downturn in the economy. Why do I say that? Because the Washington Post is reporting...

Visitor Comments Comments Feed for This Bill

David Ofert

July 11, 2007, 2:23am (report abuse)

I think Mr Wellstones Bill is wonderful I hope it goes through

Marlene Jehs

July 13, 2007, 12:45pm (report abuse)

After losing a son to suicide due to lack of qualified mental health care I applaud the efforts of Mr. Wellstone and all supporters of this bill including Mr. Kennedy Thank you from a mother's broken heart!

Penny Kovarik

July 17, 2007, 10:31am (report abuse)

My Husband suffers from Alcoholisom. Even though we have health insurance he can not get help, because his provider does not cover the treatment he needs. I pray this bill will pass.

Sheryl Sochoka

August 16, 2007, 9:03am (report abuse)

Our insurance company has told us that my husband (age 36), who suffers from bipolar disorder, has reached his lifetime visit limit (90 visits) for mental health care. Meanwhile, his medical/surgical lifetime limit is two million dollars. The disparity is egregious and completely discriminatory! I am praying that this bill passes into law, so that the insurance companies will be forced to recognize publicly and monetarily that mental health care is as vital to a person's well being as physical health care.

Marlena

September 21, 2007, 3:42pm (report abuse)

As for mental health, my insurance company allowed 2 visits a year to my psychiatrist (SP?) Now as a recovering heroin addict, the corporate methadone clinic I attend accepts NO insurance, including Medicaid. Its $12/day or you dont get your medicine. The people who need help the worst cant afford their treatment.

Danielle

October 5, 2007, 12:08pm (report abuse)

I suffered from anorexia for 12 years...I kept getting kicked out of the hospital before I was ready, which led to relapse after relapse...my family went bankrupt due to the cost of treatment. This bill NEEDS to be passed!

Terrance Hodgins

October 27, 2007, 10:04pm (report abuse)

Beware of the attempts to add in drug and alcohol treatment to this bill and call it "equal mental health treatment". 93% of the drug and alcohol treatment centers in this country use the 12-Step Program, which means "cult religion from the 1930s". Such "treatment" is a proven failure and worthless, even harmful, quackery, but the treatment centers won't tell you that, because it's all they have to sell. Now they want to force the health insurance programs to pay for even more quackery.

Terrance Hodgins II

November 3, 2007, 11:12pm (report abuse)

Terrance Hodgins is obsessed with bashing AA for some reason. He hates 12-step programs regardless of the number of people they have helped. He sites incorrect statistics and mis-quotes people to further his personal agenda.

Don Calley

November 12, 2007, 5:52pm (report abuse)

From reading these comments, it sounds to me like quite a few people in this country need to be weened off the support system which is not doing them any good. A good treatment plan fixes the problem, not extends it for years - right? I especially liked the heroin addict who could afford his "habit" but not it's treatment.

Tom Fallon

November 12, 2007, 10:02pm (report abuse)

To have a law passed that's based on the absurdities in the Diagnostic and Statistical Manual (which by the way contains no statistics) is just more bad government enforced onto an already bad analysis and rehab system.

Don Alexander

November 12, 2007, 11:04pm (report abuse)

If promoters of such bills want my support, they will first have to show that these so-called mental health groups, clinics, etc. are actually improving people's lives. Good luck! So far, I see people being drugged, electro-shocked and abused in the name of help. First let's clean up the field of mental health! Generally speaking, the public hate the psychiatrists. They would totally go out of business if their government funding dried up. And the sooner the better, so we can replace these quacks with a real science instead of the fraud it currently is.

Tim Biedinger

November 14, 2007, 12:37am (report abuse)

Why should we pay for any "treatments" which have no proven successes but instead state the problems are incurable? They will take all the money they can on the premise that they are keeping the problem "under control" with mind altering drugs. This does not work but aggravates the problems and we end up with more school shootings and suicides.

Arthur Arimento

November 14, 2007, 8:48pm (report abuse)

OK! Let the facts be known,after going on CCHR.ORG web site and reading all of the Horror stories on Mental Health to date ,I now see how destructive it was and is .See for your self...

Sildem Gandy

November 17, 2007, 8:44am (report abuse)

My sister was a victim of the "Mental Health" treatment system for several decades. She has been mis-diagnosed from "mental illness" when she had a real physical problem and almost died from it from lack of treatment. Their "treatment" with drugs only exacerbated the problem. Her "Doctor" also raped her. A pretty girl treated by these frauds has a thirty percent chance of being raped, drugged and given hypnotic suggestions to forget it. Don't support thes frauds!

Maureen Bird

December 1, 2007, 10:44am (report abuse)

Have Sen.'s Kennedy and Wellstone not seen the news about the suicidal and murderous side effects of psychiatric "treatment?"
Even the FDA has now acknowledged this and forced black box warnings on several commonly prescribed med's. And they want insurance co's to fund more of this??

Tabeter Duell

December 9, 2007, 11:42am (report abuse)

Today, when an individual goes to a crisis center seeking help in dealing with mental health issues they are not able to afford the fees. We have witness first hand what can happen when mentally ill patients go untreated. Let's not forget the displaced families of Hurricane Katrina, victims of rape, war veterans, 911 victims, columbine victims, Virginia Tech massacre, Omaha mall shooting and persons who experience unforeseen tragedy on a on a daily basis .

Mental Health services are considered necessary to support individuals in need at their time of calamity. Several of the sufferers listed above may require treatment for life. We owe it to our fellow citizens to support them in their time of need.

Jean Bek

December 14, 2007, 1:42pm (report abuse)

Many of the comments above appear to be made by persons who have a myopic impression of mental health services. I have an incurable neurological disorder which has been considerably relieved in the past by cognitive-behavioral therapy administered by psychologists. That type of intensive therapy is not offered where I live, so I would have to go out of state to get additional therapy. My mental health benefits are capped, thus pushing the high cost of travel and treatment back on me, which I can ill afford. I support the Paul Wellstone bill with all my heart!

Unclesam

January 24, 2008, 1:11pm (report abuse)

Terrance Hodgekins is a slanderous communist quasi-theologeon who suffers from optical-recticalitus (He has his head up his a**)

Amy J

February 29, 2008, 2:41pm (report abuse)

Many people are missing the point that this is to help people with MENTAL ILLNESS. Many serious conditions fall under this catagory. We've been trying to get help for my step son for over a year now. Besides trying to find a QUALIFIED doctor to just diagnose his condition- we're looking at the treatment to break us if we don't have help through insurance.
The medical community is finally recognizing the effects of mental illness. Now is not the time to turn our backs on this again.

Ginny 3

February 29, 2008, 5:37pm (report abuse)

My son has a mental illness which struck out of the blue one day when he was 16 years old. He is a health-nut and never so much as smoked a cigarette. His brain simply stopped working and started hallucinating. It took 3 weeks in the hospital trialing various medications, then another 3 months of 1/2-day hospital med-monitoring. These things cost money. My husband and I have worked hard and pay lots of insurance premium every month. The only possible reason for excluding my son's treatment would be blatant prejudice. Get over it.

Ncharity

March 2, 2008, 1:48am (report abuse)

Those that have never expierienced the insistent thoughts of SUICIDE, Hopelessness, Racing thoughts you can't control or TURN OFF. Those of you that have Never experienced The intensity of PAIN in your chest that is so unbearable you can't take one more minute of it. Or How about the Pressure building inside your head and feels like its gonna explode, constant rapid heart racing and stomach in knotts. Those of you that have never expierience Lack the CAPACITY to think Logically. Until you been in those shoes Don't knock it. Mental Health is one thing our medical Insurance Companies and Government need to Pay more attention to. No matter what brought about the mental instabiltiy, Including Addiction(It is more mindful after physical goes away), It is a problem that needs more focus ON, And the MENTAL HEALTH of our Soilders and Veterans. Suicide Is A High Risk For Soilders!!!!

Rosetta

March 3, 2008, 9:43am (report abuse)

Our insurance like most does not even cover mental health care - the bill sounds nice but could it be included in a National Health Care Insurance Program, rather than having to pay for an insurance company then pay the extra to the federal to make up for what the insurance companies refuse to. Medicare does not even care for mental health fully.

greatdanes

March 3, 2008, 10:42am (report abuse)

STOP STOP the SPENDING!! ENOUGH IS ENOUGH.
Take care of your OWN personel needs like everyone else does. Don't LOOK for Someone else to BAIL YOU OUT of every Problem Life give you. Come on Country ...remember your ROOTS and what Did Make Us STRONG. Most of you are WIMPS that look for someone to tell you ...your Behavior is OKAY. BULL S--T.
GET OVER IT!

Marie

March 3, 2008, 10:54am (report abuse)

Answer this... Why are we lumping these two issues together?
they seem far apart from each other. One is by choice...(addiction). People with mental disorders need help with health insurance and benifits...

New User

March 3, 2008, 11:20am (report abuse)

Marie, the answer is simple. Everything dealing with addiction is mental. Metal health should not be paid for by Insurance companies. Insurance companies are not friendly, they do not care about people. We need to fix regular healthcare first, before we add mental health, and I don't feel like paying 1/3 of my income to support the "Free Medical" ideas from the UK and Canada. New affordable, regulated, healthcare is what we need to persue, not the communist ideals of "Free".

Gary M.

March 3, 2008, 11:42am (report abuse)

I hope this bill passes.

Deidra

March 3, 2008, 1:14pm (report abuse)

I sincerely hope that the bill passes. The consequences of not addressing mental health issues (including addictions) impact us all. Perhaps those of us who hail from "mentally stable" homes can't conceive of being personally impacted by mental illness, but think again when you (or your loved ones) go to school,work, the mall--generally onto the highways and byway of life--what are the possibilities that you (or your loved ones) may encounter a hurting person who without mental health care may hurt you or yours? We are our brothers keeper.

Pass the bill

Citizen

March 3, 2008, 9:30pm (report abuse)

I sympathize with those of you struggling with the vagaries of life: chronic disease, mental illness, addictions, etc. The strong survive; a strong swimmer can drown trying to save a weak or non-swimmer who should have avoided water. My suggestion, take responsibility for you life. Big government always fails; except for the politicians and their friends..

Steve Hyde

March 5, 2008, 11:41am (report abuse)

This bill further reduces the ability of market forces to lower costs and improve quality of health care. It is a hidden tax on workers that will not be subject to any further congressional action or oversight. It will inevitably push the marginally insured into the ranks of the uninsured. It may be good for special interests for it is very bad economics.

wanda

March 6, 2008, 5:01am (report abuse)

My 12 year old son has pediatric bipolar. We HAVE insurance and still spend about $10,000 a year in medical bills. He has been stable for almost 3 years now (at 9 years old he was in a mental hospital for psychotic episodes, suicidal tendencies and writing his name in blood and pictures of himself dead on the school bathroom wall). Because we are able to afford the out of pocket medical expenses, my son is now an honor roll student, who enjoys the things all kids enjoy and just had a major part in the school play. Without the medical care, I probably wouldn't have a son right now. If my son had a chronic physical illness the insurance complany would pay much more of his bills and I wouldn't have to fight for the care he receives. I feel for those who are in my situation and can't afford it. We are losing our children. Pass this bill.

health Care Provider

March 16, 2008, 6:02pm (report abuse)

DO NOT LET THIS HAPPEN!! COUNTRY IS GOING BANKRUPT, NO ONE WANTS TO WORK DUE TO SOME MENTAL CRAP!! TAKE RESPONSIBILITY OF YOUR OWN HEALTH.NO ONE TOLD YOU TO SMOKE< NO ONE TOLD YOU TO SNIFF< NO ONE TOLD YOU TO DRINK< NO ONE TOLD YOU TO NOT TO EAT< NO ONE TOLD YOU TO INJECT...COME ON PEOPLE ALL IT TAKES IS DECIDING BETWEEN RIGHT AND WRONG..EVERY ONE HAS TO WORK ..YOU ARE HUMAN...YOU WERE MADE TO WORK...WORK...WORK...STOP BEING LAZZZZZZZZYYYY.....THERE ARE BIGGER PROBLEMS AROUND YOU JUST LIFT YOUR HEAD AND THINK>>> OHH BUT I FORGOT YOU HAVE MENTAL HEALTH PROBLEM, YOU CAN'T THINK...DO NOT GET ME WRONG I AM FOR MENTAL HEALTH WHEN IT COMES TO PERSON WHO WAS UNFORTUNATE BIOLOGICALLY WHEN THEY WERE BORN OR ACQUIRED DISEASE , BUT NEVER FOR ALCOHOLICS, SMOKERS, SNIFFERS...

eddy

April 7, 2008, 11:34pm (report abuse)

I do not know anyone who suffers from mental illness, and yet I can empathize with their plight. Many of our societal issues stem from mental illness and a lack of compassion. Humans need to help one another, mentally, physically etc. Would you deny someone with autism medical treatment? We are having a breakdown in the connection between mental and physical health. Not everyone out there can have "mind over matter" when the matter is the problem in the first place! Just because someone gets into drugs doesn't mean they were being spiteful towards society- look this is a hugely complex situation and we all need to help each other as much as possible. See the biggest picture you can, not just a snapshot of your own limited sphere of experience.

webmaster

October 2, 2008, 9:34am (report abuse)

On October 1, 2008, the text of the "Paul Wellstone Mental Health and Addiction Equity Act of 2007" was swapped out of this bill and it was made into the "Emergency Economic Stabilization Act of 2008," also known as the financial services bailout legislation.

Summary information in the wiki article (currently reflecting the old bill) will update when a new summary is published by the Congressional Research Service.

For the cost estimate on this bill, we used the estimate for the House legislation (H.R. 3997 - link above in the "learn more" box). The cost reporting here will be updated when a cost estimate specific to this bill comes out.

Chuck Burgess

October 2, 2008, 4:51pm (report abuse)

There are many things on this bill I'd like to see pass, but NOT at the expense of including this financial bailout.

Stop this bill, and debate these separate issues separately so they can be voted on specifically.

Don't play the game of "I vote NO due to the bailout"-becomes-in-next-political-ad-"you voted NO on mental health help".

Charles

October 6, 2008, 11:08am (report abuse)

Anyone who supports this bill are part of the problem that created the crisis. You are responsible for your own salvation or demise; if you want the "government" to take care of you move to a socialist country like China, Cuba or Russia.

Joe Ran

October 6, 2008, 12:46pm (report abuse)

I understand that this is something that more or less must be done. But God help me I can not understand how we got in this mess all over again. It appears to me that greed not need is the way we got caught up in this messy situation. God Bless America we sure do need it. I am sure things will work out fine because I believe in America with all it's faults and short comings I love My Country Always. Yes we can all place the blame on anyone or any group we choose but now we got to get down to the business at hand. And fix this mess. I figure it's not so much what the problem is at this date and time: But how we deal with our present troubles. As Americans United in a common bond to get it right and to keep it right. I am not even angry for why should I be for this is still a wonderful place to call home and I am very proud to born here in America. I will die here in good old USA when God calls me home for Judgement. We will do just fine.

Martin

October 6, 2008, 7:34pm (report abuse)

This bill really sucked before, but with all of the tax breaks and pork projects I think I can support it now. Hooray for bloated government!

Linda

October 10, 2008, 3:01pm (report abuse)

Wow look at the sheep loving this socialist health care because they have mental problems that the Govt gave them!

Mark

December 31, 2008, 3:12pm (report abuse)

Abusing drugs and alcohol, getting really really mad over silly little things, committing suicide, deciding not to eat... these are all really bad decisions. Since when was making bad decisions a mental illness?

If so, I am just gonna go max out all my credit cards. I'll come up with some fancy name for it like "impulsive monetary disorder" and claim mental illness when I can't pay them all back.

Why can't you pay for your own poor decisions.

Stop blaming other people for not ponying up the money for you to try to cope with your human condition. Its called life, deal with it. The rest of us deal with it everyday...just because you can't doesn't entitle you to sticking your hand in our pockets.

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